Home > 5.1 Nature of the referendum > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
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Paragraph 88
 

Articles 93.1 and 99.2 and 99.5 of the Draft law establish that the official stands of the President and Parliament on referendums to amend the constitution or to make changes to the national territory are not considered campaigning (provided such activity “does not include campaign comments and calls to vote one way or the other”). It is recommended that the President and Parliament and their representatives should also be authorised under these provisions to make public their official stand on popular initiative referendums. In fact, as noted earlier, the Parliament should be able to give a non-binding opinion on the text put to vote by popular initiative (or the president). On the other hand, it is also recommended, in line with paragraph I.3.1.b of the Code of Good Practice on Referendums, that the law explicitly prohibit the public authorities (national, regional and local) to attempt to influence the outcome of the vote by excessive, one-sided campaigning and require the authorities to maintain objectivity in their statements by providing a certain amount of necessary information in order to enable voters to arrive at an informed opinion (as per Explanatory Memorandum in Code of Good Practice on Referendums).